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SB1262.mockup.ALL_.FINAL2_.062414

SB1262.mockup.ALL_.FINAL2_.062414

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Published by Mickey Martin
This is a mock up amendment to SB12g2, which is being considered by the CA legislature. The document would make criminals out of us all.
This is a mock up amendment to SB12g2, which is being considered by the CA legislature. The document would make criminals out of us all.

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Categories:Types, Legal forms
Published by: Mickey Martin on Jul 01, 2014
Copyright:Traditional Copyright: All rights reserved

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07/02/2014

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1 
Amendments Mock-up for 2013-2014 SB-1262 (Correa (S))
 
Amendments are in RED and GREEN  and
BLUE
 
Mock-up based on Version Number 95 - Amended Assembly 6/15/14
 
Submitted by: Tom Ammiano, to be added as principal co-author
 
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.
The Legislature finds and declares all of the following:
(a) In 1996, the people of the State of California enacted the Compassionate Use Act of 1996, codified in Section 11362.5 of the Health and Safety Code. The people of the State of California declared that their purpose in enacting the measure was, among other things,
to ensure that  seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person
’ 
 s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relie
 f.”
 
(b) The Compassionate Use Act of 1996 called on state government to implement a plan for the  safe and affordable distribution of marijuana to all patients in medical need of marijuana. While assuring that nothing in this Act shall be construed to condone the diversion of marijuana for nonmedical purposes.
 
(c) In 2003, the Legislature enacted the Medical Marijuana Program Act (MMPA), codified in  Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.
 
(d) Greater certainty and minimum statewide standards are urgently needed regarding the obligations of medical marijuana facilities, and for the imposition and enforcement of regulations to prevent unlawful cultivation and the diversion of marijuana to nonmedical use.
 
(e) Despite the passage of the Compassionate Use Act of 1996 and the MMPA, because of the lack of an effective statewide system for regulating and controlling medical marijuana, cities, counties and local law enforcement officials have been confronted with uncertainty about the legality of some medical marijuana cultivation and distribution activities. The current  system of collectives and cooperatives state of affairs makes law enforcement difficult and endangers
 
 
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 patient safety because of an inability to monitor the supply of medical marijuana in the state and the lack of quality control, testing, and labeling requirements.
 (a)
(f)
The California Constitution grants cities and counties the authority to make and enforce, within their borders,
all local police, sanitary, and other ordinances and regulations not in conflict with the general la
ws.”
 This inherent local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within the local jurisdiction
s borders. The police power, therefore, allows each city and county to determine whether or not a medical marijuana dispensary or other facility that makes medical marijuana available may operate within its borders. This authority has been upheld by City of Riverside v. Inland Empire Patients Health & Wellness, Inc. (2013) 56 Cal.4th 729 and County of Los Angeles v. Hill (2011) 192 Cal.App.4th 861.
 Nothing in this chapter shall diminish, erode, or modify that authority.
 (b) 
(g)
If, pursuant to this authority, a city or county determines that a dispensary or other facility that makes medical marijuana available may operate within its borders, then there is a need for the state to license these dispensaries and other facilities for the purpose of adopting and enforcing protocols for training and certification of physicians who recommend the use of medical marijuana and for agricultural cultivation practices. This licensing requirement is not intended in any way nor shall it be construed to preempt local ordinances, regulations or enforcement actions regarding the sale and use of medical marijuana, including, but not limited to, security, signage, lighting, and inspections. (c)
(h)
All of the following elements are necessary to uphold important state goals: (1) Strict provisions to prevent the potential diversion of marijuana for recreational use. (2) Audits to accurately track the volume of both product movement and sales. (3) An effective means of restricting
nonmedical
access to medical marijuana by persons under 21 years of age
minors
. (d) 
(i)
 Nothing in this act shall be construed to promote or facilitate the nonmedical, recreational  possession, sale, or use of marijuana.
SEC. 2.
Section 2220.05 of the Business and Professions Code is amended to read:
 
2220.05.
(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to
 
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ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a  priority basis, as follows, with the highest priority being given to cases in the first paragraph: (1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious  bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public. (2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient. (3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances
 , or recommending marijuana to patients for medical purposes,
without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a ph ysician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be  prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. (4) Sexual misconduct with one or more patients during a course of treatment or an examination. (5) Practicing medicine while under the influence of drugs or alcohol. (b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). (c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).
SEC. 2.
SEC. 3.
Article 25 (commencing with Section 2525) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read:
Article 25.
Recommending Medical Marijuana
2525.
(a) It is unlawful for a physician and surgeon who recommends marijuana to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility licensed pursuant to Article 7 (commencing with Section 111657) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code
 Part 5 (commencing with Section 18100) of Division
 
7,
if the physician and surgeon or his or her immediate family have a financial interest in that facility.

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